What is the test on appeal for a claim of false imprisonment?
Ontario, Canada
The following excerpt is from Oshawa (City) v. 536813 Ontario Limited, 2017 ONCJ 836 (CanLII):
[21] The parties agree that the test on appeal is governed by the principles set out in the well-known case Housen v. Nikolaisen, 2002 SCC 33: (1) questions of law are reviewable on a standard of correctness; (2) questions of fact or mixed fact and law are reviewable for palpable and overriding error.
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